Hinchey Fights House Republicans' Attempt To Force State & Local Governments To Pay For MTBE Cleanup; Shield Polluters From Liability

Hinchey Fights House Republicans' Attempt To Force State & Local Governments To Pay For MTBE Cleanup; Shield Polluters From Liability
April 20, 2005

Congressman Says Polluters Must Be Held Responsible & Pay For Remediation

Washington, D.C. - Congressman Maurice Hinchey (D-NY) today helped lead the fight to stop an attempt by House Republicans to pass an amendment to an energy bill that would force state and local governments to pay for the cleanup of the gasoline additive methyl tertiary butyl ether (MTBE) instead of polluters. Hinchey also spoke out against the Republican-sponsored energy bill overall, which also protects MTBE manufacturers from liability lawsuits. The full energy bill with the MTBE liability protection provision is slated to be voted on tomorrow, but Republicans had enough votes to approve the amendment today to shift the cleanup burden to state and local governments.

"It is bad enough that Republicans are letting polluters get away with not having to pay for MTBE cleanup, and it is equally as bad that those same Republicans are now forcing state and local taxpayers to pick-up the tab instead," Hinchey said. "New York has as many as 14,000 MTBE-contaminated sites. If New York and local communities are forced to pay for all of those cleanups, they will face severe financial burdens in meeting other important obligations such as health care, education, and homeland security."

MTBE is a major contaminant of groundwater supplies across the country. When present in even very small amounts it ruins the drinkability of water, making it taste and smell like turpentine. Cleanup is a huge and growing problem in communities across the country as MTBE contamination is difficult and extremely expensive. New York State banned the sale of MTBE additives in 2004.

The energy bill protects MTBE manufacturers by retroactively voiding all defective product lawsuits filed after September 5, 2003. MTBE has been found to be a defective product in court, and documents unearthed in these cases show that manufacturers knew the damage their product would cause and continued to add it to gasoline. Incredibly, the bill authorizes nearly $2 billion in taxpayer-funded subsidies for MTBE manufacturers. And while nearly 20 states have moved to protect their groundwater by banning MTBE, the energy bill delays the phase-out of the product for another 10 years.

"This energy bill is an assault on our rights as Americans to live in a safe and clean environment," Hinchey said. "The MTBE provisions are just an example of House Republicans' disregard for environmental protection. Instead of safeguarding the lives of the American public, House Republicans are fighting to protect the rights of MTBE polluters. Those are the wrong priorities."
MTBE contamination has been found in the ground water of at least 28 states. Estimates put the national cleanup at anywhere from $30 billion to $100 billion. New York currently spends $200 million annually to cleanup oils spills in which a polluter cannot be identified, according to New York Attorney General Eliot Spitzer's office.

http://www.house.gov/apps/list/press/ny22_hinchey/morenews/042005MTBEcleanup.html